8. Dez. 1898. settlement of claims; || "Agreement of February 11-12, 1871, for the settle- Nr. 11986. Vereinigte ment of claims, Article VII; || "Convention of January 5, 1877, and the supple- Staaten mentary convention of August 7, 1882, for the extradition of criminals; || und Spanien. "Protocol of January 7, 1877, concerning Judicial procedure; || "Convention of June 19, 1882, concerning trade-marks; and the agreement between the two countries in relation to international copyright. || The President of the Spanish Commission stated that the Spanish Commissioners were unable to accept this article. Some of the treaties to which it referred were obsolete or related to conditions which no longer existed, and it would involve a more extended examination than the Joint Commission was in a position to give. But this did not imply that the two Governments might not take up the subject themselves. || The American Commissioners inquired whether the objection of the President of the Spanish Commission applied to the extradition treaties. || The President of the Spanish Commission replied that it did, as those treaties needed revision. || The American Commissioners urged the revival of the extradition treaties, the convention concerning trade-marks, and the agreement in relation to international copyright; and proposed that, in view of the immediate importance of the subjects to which they related, they should, if the Spanish Commissioners were not prepared to revive them fully, be revided temporarily as a modus vivendi, for a period of a year or even for six months, so as to enable the two Governments to consider the question of their renewal. || The President or the Spanish Commission adhered to the views which he had expressed, and the article was rejected. || The following article was then read: "Article. "The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain; and the ratifications shall be exchanged at Washington within six months from the date hereof, or earlier if possible. || "In faith whereof, we, the respective Plenipotentiaries, have signed this treaty, and have hereunto affixed our seals. || "Done in duplicate at Paris, the in the year of Our Lord, one thousand eight day of hundred and ninety eight." || This article was accepted. || The conference was then adjourned, with the understanding that the Joint Commission should reassemble for the purpose of signing the treaty, whenever it should be ready for signature; and that, in the mean time, each Commission might communicate to the other any memoranda which it should desire to file under the rules. - Nr. 11987. VEREINIGTE STAATEN und SPANIEN. Unterzeichnung des Friedens. 22. Sitzung. 10. Dezember 1898. Nr. 11987. Present: on the part of the United States: Messrs: Day, Davis, Frye, Vereinigte Gray, Reid, Moore, Fergusson. Staaten und Spanien. On the part of Spain: Messrs: Montero Ríos, Abarzuza, Garnica, Villa10. Dez. 1898. Urrutia, Cerero, Ojeda. Nr. 11988. Staaten The protocol of the preceeding session was read and approved. The American Commissioners presented a written reply to the memorandum of the Spanish Commissioners read at the last session. The reply is hereto annexed. The Treaty of Peace (Annex No. 2.) was read and approved and was signed by Plenipotentiaries of the two High Contracting Parties. The President of the Spanish Commission expressed his thanks to the American Commissioners for the kind phrases with which their last memorandum concluded. He had much pleasure in acknowledging also the courtesy and consideration which had been shown by them in their personal intercourse during the continuance of the negociations, which, however painful to the Spanish Commissioners, would leave with them the personal remembrance of the attentions which had been bestowed upon them by the worthy members of the American Commission. The President of the American Commission replied that the words to which the President of the Spanish Commission referred were but the spontaneous expression of the true feelings of the American Commissioners toward the Spanish Commissioners, for whom they entertained sentiments of the highest esteem and regard. || The protocol of this session was read and approved, and the Joint Commission ended its labors. The United States of America and Her Majesty the Queen Regent of Vereinigte Spain, in the Name of Her August Son Don Alfonso XIII, desiring to end und Spanien. the state of war now existing between the two countries, have for that pur10. Dez. 1898. pose appointed as Plenipotentiaries: || The President of the United States, || William R. Day, Cushman K. Davis, William P. Frye, George Gray, and Whitelaw Reid, citizens of the United States; || And Her Majesty the Queen Regent of Spain, || Don Eugenio Montero Ríos, President of the Senate, Don Nr. 11988. und Spanien. 10. Dez. 1898. Buenaventura de Abarzuza, Senator of the Kingdom and ex-Minister of the Crown, Don José de Garnica, Deputy to the Cortes and Associate Justice of Staaten the Supreme Court; Don Wenceslao Ramirez de Villa-Urrutia, Envoy Extraordinary and Minister Plenipotentiary at Brussels, and Don Rafael Cerero, General of Devision; || Who having assembled in Paris, and having exchanged their full powers, which were found to be in due and proper form, have, after discussion of the matters before them, agreed upon the following articles: Article I. Spain relinquishes all claim of sovereignty over and title to Cuba. || And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property. Article II. Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones. Article III. Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line; || A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty-five minutes (4° 45') north latitude, thence along the parallel of four degrees and forty-five minutes (4° 45') north latitude to its intersection, with the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (119° 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (119° 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7° 40') north, thence along the parallel of latitude seven degrees and forty minutes (7° 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning. || The United States will pay to Spain the sum of twenty million dollars ($ 20,000,000) within three months after the exchange of the ratifications of the present treaty. Nr. 11988. Article IV. The United States will, for the term of ten years from the date of the und Spanien. exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States. 10.Dez. 1898. Article V. The United States will, upon the signature of the present treaty, send back to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of Manila by the American forces. The arms of the soldiers in question shall be restored to them. || Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar to those agreed upon by the Commissioners appointed to arrange for the evacuation of Porto Rico and other islands in the West Indies, under the Protocol of August 12, 1898, which is to continue in force till its provisions are completely executed. || The time within which the evacuation of the Philippine islands and Guam shall be completed shall be fixed by the two Governments. Stands of colors, uncaptured war vessels, small arms, guns of all calibres, with their carriages and accessories, powder, ammunition, livestock, and materials and supplies of all kinds, belonging to the land and naval forces of Spain in the Philippines and Guam, remain the property of Spain. Pieces of heavy ordnance, exclusive of field artillery, in the fortifications and coast defences, shall remain in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty; and the United States may in the mean time, purchase such material from Spain, if a satisfactory agreement between the two Governments on the subject shall be reached. Article VI. Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offences, in connection with the insurrections in Cuba and the Philippines and the war with the United States. || Reciprocally the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines. || The Government of the United States will at its own cost return to Spain and the Government of Spain will at its own cost return to the United States, Cuba, Porto-Rico, and the Philippines, according to the situation of their respective homes, prisoners released or caused to be released by them, respectively, under this article. Article VII. The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either Government, or of its citizens Staaten or subjects, against the other Government, that may have arisen since the Nr. 11988. beginning of the late insurrection in Cuba and prior to the exchange of rati- Vereinigte fications of the present treaty, including all claims for indemnity for the und Spanien. war. || The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this article. Article VIII. In conformity with the provisions of Articles I, II, and III of this treaty Spain relinquishes in Cuba, and cedes in Porto Rico and other islands in the West Indies, in the island of Guam, and in the Philippine Archipelago, all the buildings, wharves, barracks, forts, structures, public highways and other immovable property which, in conformity with law, belong to the public domain, and as such belong to the Crown of Spain. || And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, cannot in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds of provinces, municipalities, public or private establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded, or of private individuals, of whatsoever nationality such individuals may be. || The aforesaid relinquishment or cession, as the case may be, includes all documents exclusively referring to the sovereignty relinquished or ceded that may exist in the archives of the Peninsula. Where any document in such archives only in part relates to said sovereignty, a copy of such part will be furnished whenever it shall be requested. Like rules shall be reciprocally observed in favor of Spain in respect of documents in the archives of the islands above referred to. || In the aforesaid relinquishment or cession, as the case may be, are also included such rights as the crown of Spain and its authorities possess in respect of the official archives and records, executive as well as judicial, in the islands above referred to, which relate to said islands or the rights and property of their inhabitants. Such archives and records shall be carefully preserved, and private persons shall without distinction have the right to require, in accordance with law, authenticated copies of the contracts, wills and other instruments forming part of notarial protocols or which may be contained in the executive or judicial archives, be the latter in Spain or in the islands aforesaid. Article IX. Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to 10. Dez. 1898. |